Bessie Tsosie v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

Appellant Bessie Tsosie contests the denial of child’s insurance benefits under the Social Security Act to a child adopted by her after the death of the eligible wage earner. Tsosie asserts that the district court erroneously construed the relevant statute, 42 U.S.C. § 416 (e), to deny benefits. In the alternative, she contends that the statute violates the child’s due process rights under the fifth amendment by allegedly adopting an impermissible classification. Because 42 U.S.C. § 416 (e) clearly mandates denial of benefits in this case and because appellant has not demonstrated that the statute denies any right by reason of the statutory classification scheme, the district court’s order granting summary judgment to the Government is affirmed.

Alfred Keese, the child-claimant in this case, was born August 2,1959 to Kee Keese and Mary Keese. When the child was six months old, his parents sent him to live with his aunt and uncle, Bessie and Frank Tsosie. When Alfred was four, the Tsosies petitioned to adopt him. That petition was denied and dismissed in 1965 when the natural parents withdrew their consent to the adoption. At that time, the trial court of the Navajo Tribe…